The U.S. Supreme Court limited which defendants accused of taking part in the Jan. 6 Capitol riot can be charged by federal prosecutors for obstructing Congress. The court’s decision also places at least a cloud of doubt about two of the the four felony counts in the election subversion indictment of President Trump.
Roberts said the statute was limited to documents and evidence destruction, and that the word otherwise was not meant to broaden the meaning of the law into a catchall provision. The case was brought by Joseph Fischer, a former police officer in a township near Harrisburg, Pa., who joined the mob on Jan. 6th, even recording a four-minute cell phone video in which he is heard yelling, “charge,” and is seen in a scrum with police officers.
Friday's decision has already had consequences. Pending the outcome of Friday's case, some judges previously allowed a small number of convicted defendants to be released from prison early. Now a larger number will have to be resentenced, retried, or just released.
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